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you're watching cbs 5 eyewitness news in high definition. just recently i started keeping track, because it was happening so often. >> i lost count. >> safeway shoppers, overcharged again. and again. and again. how the store is supposed to make it up to you. and good evening. i'm ken bastida. >> i'm dana king. viewers tipped us off to what they say is on ongoing problem at safeway. one shopper says he has lost count of how many times he's been overcharged. in a story you will only see on cbs 5, julie watts goes undercover to find out how often it's happening and what safeway is doing about it. >> you know what? i didn't get it. i can show you. >> reporter: sometimes it's a misplaced price. >> so that's the wrong sign? >> reporter: other times, a computer error. but far too many times,

customers complain they're getting overcharged at safeway, anywhere from 10 cents to 10 bucks. >> just recently i started keeping track, because it was happening so often. >> i lost count. >> reporter: and they're not alone. back in 2003, safeway and its southern california von's stores paid fines following two separate lawsuits for overcharging. the judgment in the lawsuit, if either store charges you more than the lowest advertised price, in most cases you're supposed to get the item for free. >> in all the years i've called them on this, i've never gotten the item for free. >> they just kind of unhappily give you the difference. >> reporter: according to the department of weights and measures, that would be a direct violation of a court order. >> except for a few items like alcohol, dairy products, tobacco, if the items is priced less than $5, you have the right to have that item given to you for free. >> reporter: and he says if you're overcharged on an item over $5, safeway is supposed to

give you a $5 gift card. that was the punishment issued after a multicounty investigation found the same thing back then. we're still finding it today. widespread overcharges. we went undercover shopping at five safeway stores in three counties and not only were we overcharged five times, not a single store offered to give us the item for free. and two flat out refused. >> don't i get it for free, because i was overcharged? >> no. >> reporter: would it be a violation of this injunction if a safeway employee refused to refund you? >> i believe it is. >> reporter: he points out the judgment also requires safeway post signs in quote a conspicuous location in all check-out lanes, explaining the refund policy. >> do you have it posted somewhere? >> not that i know of. >> reporter: we did find signs in some of the stores we

visited but they weren't exactly conspicuous. and one store had no signs at all. most people we spoke with had no idea these signs exist. isn't that some sort of indicator these signs aren't in conspicuous locations? >> yes. that would be concerning. >> reporter: safeway declined to sit down with us, but in a statement, they said they made it clear to employees that the policy applies to all pricing. but apparently the policy is not so clear to the company's business and ethics department, which stated the exact opposite in this e-mail just last month when it refused to refund one of our viewers for the same reason store owners refused to refund us. safeway wouldn't comment on the fact that we were never offered our overcharged items for free, as required by the court order, but did, quote, respectfully disagree with our assertion that the required signs were not conspicuously posted, even though many of their own

employees couldn't seem to find them. >> is that posted somewhere? >> um... >> um... >> i haven't seen it. i'm gonna ask them about it. i don't know. >> reporter: now, safeway apologized for overcharges and says it corrected the error but can't comment on the viewer complaints without more information. it says customers with overcharge issues should call customer service at a number we posted on cbssf.com. but i should point out, when we called just before the show, the rep said he'd never heard of a judgment and said refunds are at the manager's discretion. >> so clearly there's no compliance training corporatewide, companywide. >> safeway says they're working on that. >> this can't just be a safeway issue. >> no. the first time we did a story about this, weight and measures had listed this as an issue for stores across the board. sporting goods, grocery stores, you name it hundreds of

billions of dollars every year in overcharges. we are getting a better idea tonight of the damage from that superstorm sandy, hurricane sandy. here is the latest. damage estimated to be between $30 and $50 billion. that's the second most expensive storm to hit the united states right behind katrina. at least 90 people confirmed dead. 4.5 million in 12 states are still without power tonight. sharon chin shows us how desperate many people have become. >> reporter: some of the subway lines are rolling again, but many people are finding recovery slow. they're out of gas, out of food, and out of patience. tensions flair on the road to new york city. >> i got no gas. >> stop it! >> step back. >> reporter: traffic jams and gas lines stretched for miles in a commute of chaos. >> get in front of me if it

makes you happy. >> reporter: some stations ran out of fuel or power for pumps. aaa says only a third of the stations are open in new jersey and long island. crews are working to suck floodwater out of tunnels. some bridges opened up, but police are enforcing a three- person carpool to ease congestion. >> let's go! >> reporter: and more lines swell for buses, food and water. >> you got to be a little patient, because they're slowly trying to recover. >> reporter: millions of people in 11 states are spending their fourth night in the dark, including seven families in this lower manhattan apartment complex. this couple, stranded on the 20th floor, is nearly out of food. >> coming up is really a hardship for us. >> that's why we stayed up here. >> reporter: their lifeline is a volunteer who scales the stairs to bring food from two blocks we. to help restore electricity, they're sending a plane with

heavy equipment. it left today with more than a million pounds of trucks and tools. today the death toll rose to 38 in new york city with the discovery of two staten island boys in a marsh. the two and four-year-old were swept from their mother's arms on monday when swirling floodwaters trapped their suv. 52,000 homeowners from 16 states in washington, d.c. have filed insurance claims. 10,000 of them from new jersey. and the east coast could get hit again. the national weather service is warning that a possible nor'easter could hit new england as early as next tuesday, election day. sharon chin, cbs 5. right after sandy, the presidential candidates avoided saying anything nasty about each other. well, right now it's gone back to normal. >> yeah. with just five days until the election, take a look at president obama and mitt romney's schedules between now and tuesday. they'll be visiting several battleground states, some more than once. only the president will visit nevada and florida.

they're trying to win over anyone who is still undecided. cbs 5 political analyst joe tuman says the candidates are going after women in particular. >> and younger women voters, who express a pro-choice attitude, that they're still in indecision about the president. these are people who said they voted for him in 2008, for whom, while they're pro-choice, the economy message that the romney campaign has put out, which means different things to different people, has found some resonance. >> tomorrow, the last unemployment report before the election comes out. he does not believe it will change anyone's mind unless the numbers are hugely different from last week. right now the unemployment rate is 7.8%. a neighborhood in the east bay hills is on the lookout for a deer that someone apparently tried to kill. people in and around campus drive in berkeley hills tell

cbs 5 reporter elizabeth cook that the doe is moving slowly and in obvious pain. >> reporter: if you live in many parts of the bay area, you have to learn to live with your neighbors. >> we see them every day. they come usually and eat up all the plants. >> reporter: she noticed something was wrong with the deer in the backyard of her home. >> i felt sick at the thought someone would do that. >> reporter: the doe had an arrow on its side. and next to her, a fawn. young contacted fish and game and sent out these pictures to people who live in the area. >> completely unexpected from berkeley. >> reporter: chris doan came home to see the two deer in his front yard. >> there was no arrow. >> reporter: shooting deer is illegal in berkeley. but chris has his own theory about how the arrow got there. >> one of the neighbors was upset with her eating out of their garden. >> reporter: the department of

fish and game say they will continue the search the berkeley hills looking for the doe and her fawn. they are relying heavily on the people who live in the area to help track her. however, they say if they do catch the doe, her chances of survival are very slim. in berkeley, elizabeth cook, cbs 5. oh, my god. that's shocking. >> hot lingerie, stolen. 11,000 worth of bras swiped from a victoria's secret. she was rich but clueless. how a california woman drove around with $23 million in her car and didn't even know it. this man thought he was being watched. and he was right. >> you can very clearly identify me getting out of the car with my two daughters. >> who is taking thousands of photos ,,,,

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at 35 tiny calories a wedge, you're free to indulge in every last bit. the laughing cow cheese. have you laughed today? your house, or stopped at ad light: there's a good whether you park in front of your house or stopped at a red light, there is a good chance that you and your car are under surveillance and you probably have no idea. one bay area man thought he was being watched. he found out he was right. cbs 5's allen martin on who is scanning your every move. >> reporter: whether it's cell phones, gps or e-mail, the intersection of technology and privacy was paid long ago. back when the internet was known as the information superhighway. but now it seems the road is wide open, and wherever it leads, you're not only being watched, you're being photographed. >> it was very obvious that there was something different about that police car. >> reporter: mike had heard

about the san leandro police department's license plate scanner. then one day he saw for himself the specially equipped car and began to wonder. he asked for public records and photos. >> i requested not just information about the cars that have been photographed by the license plate scanner, i also requested details about how many records they had gathered since the system started being used. >> reporter: to mike's surprise, over the encounters of two years, police had taken about 120 pictures of him and his car. an average of one a week. one clearly shows where he is. at home. but to mike, all of them show disturbly personal information. >> in at least one of those pictures, you can very clearly identify me getting out of the car with my two daughters, but they're times when i'm going to the library or on a different street. >> technology is a critical part of law enforcement in today's age. >> reporter: san leandro has had the license plate scanner since 2008.

the lieutenant says the license plate scanner can alert the officer of violent criminals behind the wheel. he says it's helped solve a carjacking, a burglary, even a murder. but many say they're not convinced. >> right now it's sort of the wild, wild west out there. >> reporter: the south bay state senator offered a bill that would have put limits on how long police agencies could keep the license plate information. under intense lobbying by law enforcement, they dropped the legislation. >> we've got private sector companies that half a billion records of motorist's movements. they're sharing that information. who knows who else will have access to the 234-6bgs. >> reporter: this surveillance video shows an arrest being made at arden mall in sacramento. security guards using their license plate scanner have recovered nearly 70 stolen cars in their parking lots in four years. guards say the scanners have

led to arrests for even parole violations. >> this is a picture of me about to get in my car and head off to work. >> reporter: he says it's not the outcome of the use of the scanners that he has a problem with. it's the information retention. >> my issue isn't that they recognize these license plates. it's that they're retaining this database of information on people and they're keeping that information indefinitely. and i don't think that's legitimate. >> reporter: right now, san leandro keeps its scanned information indefinitely but says they're looking into policies that would change that. san francisco and san jose are more than a dozen bay area police agencies also using these scanners, along with the california highway patrol. allen martin, cbs 5. george lucas is going to make millions selling his empire. tonight we've learned how he's going to give a lot of that money today. a hollywood reporter says lucas will donate more than a billion

to charity. one likely recipient could be his educational foundation. he joins fellow billionaires warren buffet and bill gates in vowing to give most of their wealth away. you know the old saying, a day late, a dollar short? one woman almost missed her ticket. she bought a ticket worth 23 million in the california superlotto last may. at some point she tossed it in the glove box and forget about it. her daughter saw a surveillance photo of her on the cbs 5 eyewitness news and texted her, 25 days before the deadline. she said, hey, mom, they're looking for you. you're the winner. the winner, who lives in southern california, has a large family, including several adopted special needs children. she says the money could not come at a better time. and we will learn her identity at a news conference tomorrow. it has been a rough week

for a popular lingerie shop at the stanford shopping center. thieves struck not once but twice and, no, they were not there for the cash. i'll let kiet do tell you the story from here. >> reporter: as bra thefts go, it was a double d sized heist. the angels fantasies push-up bra is one of the nicest ones at victoria's secret and the thieves stol 180 of them, worth $11,000. >> oh, my god. that's shocking. >> reporter: and police tell us it was likely a group of women who came in the store on a busy halloween day and emptied the drawers of sizes 32b, to yes, 34dd. and it all went down in a matter of seconds. turns out these guys were good. they made it completely through, undetected. there is no suspect description. the bra is the company's newest design. and they are not cheap. the high-end version costs $82. shoppers aren't surprised.

>> one bra, you're talking about like $80, so yeah. >> you can see why they stole them? >> oh, yeah. >> reporter: this is not the first time it happened. thieves hit the same location just last friday and look $7,000 worth of bras, again at the front of the store, and made a quick exit. in palo alto, kiet do, cbs 5. temperatures tonight will drop down to the upper 40's and low 50's but it's the high temperatures in the extended forecast that will really grab your attention. find out when the 80's are returning to the bay area. a live look outside city hall. beautiful. your forecast, next. ,,,,,,,,,,

i'm not sure if you needed further proof that we live in one of the most beautiful places in the country, but this is it right here. one of our five photographs, brian, is at twin peaks right now. how gorgeous is that? this is typically the time of year where we start getting wetter. look at the rainfall totals. november, twice as much as october. and december, we average four inches of rainfall. forget about that, because it's all about the dry for the next couple of eyes. forget about it, ken was just saying. it is all about high pressure building in, not in the perfect spot just yet. we have a storm that's going to pass by to our north, so filtered sunshine tomorrow afternoon. high pressure will be in the

perfect spot, saturday, sunday, monday, tuesday, wednesday, five straight days, where it's going to be big and sprawling just off the coastline, giving us a northwest flow of air, a dry and warm flow of air. you're going to get a lot of sunshine and many of you will be in the 80's for three or four straight days once we hit the weekend. so mainly sunny skies. mornings are going to be chilly. this time of year, the nights are long. but the afternoons are going to be warm and mainly sunny, a great stretch of weather, if you like to get outside. most of us document it's not going to be terribly warm tomorrow, but it will be sunny. oakland one degree above average at 68. fremont, your high tomorrow is 68. how about 61 in pittsburg. pleasant hill, 71. in the city, 64. sausalito, 64. extended forecast, sunshine across the board. beautiful warm weekend. by sunday we're in the low 80's

inland. election day, sunny and warm and we stay dry all the way through next thursday. that is your cbs 5 forecast. how did a horse save a man's life? i'm dennis o'donnell and a giant who played a big role in a world series victory is no ,,,

uff's $10 million well, fans, you can tell aubrey huff good-bye. the giants chose not to pick up aubrey huff's $10 million option for next season. instead, they gave him a $2

million buyout. huff will be remembered for his big year in 2010, plus the rally song, now to be found on ebay. tony parker for the win. for the win, for the win! yes! 86-84. revenge for the spurs, who were knocked out of the play-offs last season by the thunder. you likely heard stories of a manicuring a sick horse. but you've never heard of a horse curing a man. until now. >> pleasanton native sam has been around horse racing all his life. it's only been a hobby until recently. since 2007, he's had a stable full of racehorses here at barn 16 at the alameda county fairgrounds. and it all started when he claimed his first house, sophisticated wager, in 2005,

five months after being diagnosed with throat cancer. >> we discovered that he had a breathing problem. it was a task for both of us. there was no guarantee that he could breathe again. there was no guarantee that i was going to live for another 50 years. >> reporter: sam and sophisticated wager were both battling life-threatening throat conditions and both endured surgeries during the same time. >> sam's road to recovery was definitely accelerated by wager. >> reporter: six months later, sophisticated wager was healed, thanks to the dedication that sam showed him. in his fifth race back at golden gate fields, wager won that race. and seven years after being diagnosed with throat cancer, sam is cancer-free, thanks to his best friend, sophisticated wager. >> i learned a lot there sophisticated wager. and i think if i hadn't gone

through that, i wouldn't be here today. we got a stocker at steamer's lane today in santa cruz. kelly slater, no. 2 in the world, strong in the opening, he scored 10. but sometimes local knowledge helps. matt young didn't even know he was going to be in the event until yesterday when he qualified. so he scores a 12.17, sending slater into the second round. this is a case of david beating goliath, a shocker today at steamer's lane. the best surfers in the world are there. they'll be back in the world tomorrow at 7:15.

thanks for joining us. davi,,,,,,,,,,